EAN: 9789811036224

A COMPARATIVE STUDY OF FUNDING SHAREHOLDER LITI...

This book studies the funding problems with shareholder litigation through a functionally
comparative way. In fact  funding problems with shareholder lawsuits may largely discourage
potential shareholder litigants who bear high financial risk in pursuing such a claim  but on
the other hand they may not have much to gain. Considering the lack of incentives for potential
shareholder claimants  effective funding techniques should be in place to make shareholder
actions function as a corporate governance tool and discipline corporate management. The book
analyzes  among others  the practice of funding shareholder litigation in the Australia  Canada
the UK  the US and Israel  and covers all of the typical approaches being used in financing
shareholder litigation in the current world. For instance  Israel and Canada (Quebec and
Ontario) are probably unique in having a public funding mechanism for derivative actions and
class actions  while Australia is the country where third party litigation funding is
originated and is growing rapidly. Based on this comparative research  the last part of this
book discusses how to fund shareholder litigation in China in context of its social and legal
background and what kind of problems need to be solved if certain funding techniques are used.

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